1. NASIM HASAN SHAH, J.-This petition for leave to appeal is directed against the judgment of a learned Single Judge of the Peshawar High Court passed in Criminal Appeal No. 4 of 1983 on 21-5- 1983.
2. The relevant facts are that Muhammad Altaf aged about 25/26 years of village Mamral, Tehsil Haripur was convicted by the Sub-Divisional Magistrate under section 377, P. P. C. For committing sodomy upon Muhammad Sadaqat aged 12/13 years and sentenced to 6 years' R. I. And a fine of Rs. 5,000 or in default to suffer further one year and 6 months' R. I. It was also directed that out of the fine, if realised, Rs. 4,000 was to be paid as compensation to the complainant under section 544-A of the Cr. P. C.
3. On appeal, the High Court upheld the conviction of the petitioner but reduced the sentence of imprisonment from 6 years' R. I. To 4 years' R. I. The sentence of fine, however, was maintained but be was allowed the benefit of section 382-g of the Cr. P. C. In the matter of computation of sentence. The petitioner still feeling dissatisfied has now moved this Court by this petition for leave to appeal.
4. We have heard Sh. Zaffar Mahmood in support of this petition at some length. However, be was unable to raise any substantial question of law or pointed out any error committed by the Courts below as may have occasioned any miscarriage of justice: